15 July 2014
Page last reviewed: 2nd May, 2016
inFood is a nutrition, health, exercise and diet data and community service that
allows Members to create their own and follow diets and to contribute
information and content to help people achieve their helath, nutrition, diet and exercise
goals. The services offered by inFood ("inFood"
or "we") include the inFood website (the "inFood
Website"), and any other features, content, or applications offered from
time to time by inFood in connection with the inFood Website
(collectively, the "Services").
These Terms and Conditions of Use ("Terms & Conditions") set out
the legally binding terms for your use of the Services. By using the Services,
you agree to be bound by these Terms & Conditions, whether you are a
"Visitor" (which means that you simply browse the inFood Website)
or you are a "Member" (which means that you have registered with
inFood). The term "User" refers to a Visitor or a Member. You
are only authorized to use the Services (regardless of whether your access or
use is intended) if you agree to abide by all applicable laws and to these
Terms & Conditions. Please read these Terms & Conditions carefully and
save it. If you do not agree with it, you should leave the inFood Website
and discontinue use of the Services immediately. If you wish to become a
Member, contribute to the inFood community, communicate with other Members
and make use of the Services, you must read these Terms & Conditions and
indicate your acceptance during the Registration process.
These Terms & Conditions includes inFood's policy for acceptable use
of the Services and Content posted on the inFood Website, your rights,
obligations and restrictions regarding your use of the Services and
inFood's Privacy Policy. In order to participate in certain Services,
you may be notified that you are required to download software or content
and/or agree to additional terms and conditions. Unless otherwise provided by
the additional terms and conditions applicable to the Services in which you
choose to participate, those additional terms are hereby incorporated into
these Terms & Conditions. You may receive a copy of these Terms &
Conditions by emailing us at: privacy@inFood,
Subject: Terms & Conditions.
inFood may modify these Terms & Conditions from time to time and
such modification shall be effective upon posting by inFood on the
inFood Website. You agree to be bound to any changes to these Terms &
Conditions when you use the Services after any such modification is posted. It
is therefore important that you review these Terms & Conditions regularly
to ensure you are updated as to any changes.
Please choose carefully the information you post on inFood and that you
provide to other Users. Your inFood profile may not include the
following items: telephone numbers, street addresses, last names, and any
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other inFood Members (for
instance, in their Profile) may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and inFood assumes no
responsibility or liability for this material. If you become aware of misuse of
the Services by any person, please contact
or click on the "Report Inappropriate
Content" link at the bottom of any inFood page.
inFood reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the Services at any
time, for any or no reason, with or without prior notice, and without
liability.
-
Eligibility. Use of and Membership in the Services is void
where prohibited. You do not have to become a registered user to use some of
the Services. However, if you do not register, you may be precluded from using
certain elements of the Services, such as participation in, and contribution
to, any Forum, meaning any chat room, message board, bulletin board, or similar
activity where you and other Members can communicate.
By using the Services, you represent and warrant that (a) all registration
information you submit is true, accurate and complete, and that you will
maintain the accuracy of such information; (b) all information that you provide
us in using the Services will be true, accurate and complete; (c) you are 13
years of age or older; and (d) your use of the Services does not violate any
applicable law or regulation. Your profile may be deleted, your use of the
Services suspended and your Membership may be terminated without warning, if
you provide any information that is untrue, inaccurate or incomplete or we have
reasonable grounds to suspect this is the case or that you are under 13 years
of age.
-
Term. These Terms & Conditions shall remain in full force
and effect while you use the Services or are a Member. You may terminate your
Membership at any time, for any reason, by following the instructions on the
Member's Account page. inFood may terminate your Membership at any time,
without warning. Even after Membership is terminated, these Terms &
Conditions will remain in effect.
-
Fees. You acknowledge that inFood reserves the right to
charge for the Services and to change its fees from time to time in its
discretion. If inFood terminates your Membership because you have
breached these Terms & Conditions, you shall not be entitled to the refund
of any unused portion of subscription fees.
-
Password. When you sign up to become a Member, you will also
be asked to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username,
or password of another Member at any time or to disclose your password to any
third party. You agree to notify inFood immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
-
Non-commercial Use by Members. The Services are for the
personal use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
inFood. Illegal and/or unauthorized use of the Services, including
collecting usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized framing of
or linking to the inFood Website is prohibited. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from Member
profiles without notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized use of
the Services.
-
Proprietary Rights in Content on inFood.
By displaying or publishing ("posting") any Content, messages, text,
files, images, photos, video, sounds, profiles, works of authorship, or any
other materials (collectively, "Content") on or through the Services,
you hereby grant to inFood, a non-exclusive, fully-paid and
royalty-free, worldwide license (with the right to sublicense through unlimited
levels of sublicensees) to use, copy, modify, adapt, translate, publicly
perform, publicly display, store, reproduce, transmit, and distribute such
Content on and through the Services. This license will terminate at the time
you remove such Content from the Services. Notwithstanding the foregoing, a
back-up or residual copy of the Content posted by you may remain on the
inFood servers after you have removed the Content from the Services, and
inFood retains the rights to those copies. You represent and warrant
that: (i) you own the Content posted by you on or through the Services or
otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the Services does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content posted by you to or through
the Services.
The Services contain Content of inFood ("inFood
Content"). inFood Content is protected by copyright, trademark,
patent, trade secret and other laws, and inFood owns and retains all
rights in the inFood Content and the Services. inFood hereby
grants you a limited, revocable, nonsublicensable license to reproduce and
display the inFood Content (excluding any software code) solely for your
personal use in connection with viewing the inFood Website and using the
Services.
The Services contain Content of Users and other inFood licensors. Except
for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Services.
-
Content Posted.
inFood may delete any Content that in the sole judgment of
inFood violates these Terms & Conditions or which may be offensive,
illegal or violate the rights, harm, or threaten the safety of any person.
inFood assumes no responsibility for monitoring the Services for
inappropriate Content or conduct. If at any time inFood chooses, in its
sole discretion, to monitor the Services, inFood nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
You are solely responsible for the Content that you post on or through any of
the Services, and any material or information that you transmit to other
Members and for your interactions with other Users. inFood does not
endorse and has no control over the Content. Content is not necessarily
reviewed by inFood prior to posting and does not necessarily reflect the
opinions or policies of inFood. inFood makes no warranties,
express or implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to other Members. You
understand that by using the Services, you may be exposed to Content that is
offensive or objectionable. Under no circumstances will we be liable in any way
for any Content (other than for Content developed by us), including, but not
limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted to or through the Website or by using the
Services.
-
Parental or Guardian Permission. Some of the Content on this
Website may not be appropriate for children. Children under the age of 13 are
not permitted to use this website. We strongly recommend that children between
the ages of 13 and 18 ask for their parent’s or guardian’s
permission before viewing our Website and using the Services.
-
Content/Activity Prohibited. The following is a partial list
of the kind of Content that is illegal or prohibited to post on or through the
Services. inFood reserves the right to investigate and take appropriate
legal action against anyone who, in inFood's sole discretion, violates
this provision, including without limitation, removing any offending
communication from the Services and terminating the Membership of such
violators. Prohibited Content and activity includes, but is not limited to
Content that, in the sole discretion of inFood:
-
is patently offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
-
harasses or advocates harassment of another person;
-
exploits people in a sexual or violent manner;
-
contains nudity, violence, or offensive subject matter or contains a link to an
adult website;
-
solicits personal information from anyone under 18 or harms minors in any way;
-
provides any telephone numbers, street addresses, last names, URLs or email
addresses;
-
promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
-
promotes an illegal or unauthorized copy of another person's copyrighted work
or contains materials that infringe upon any patent trademark, trade secret,
copyright, right of privacy or publicity or other proprietary rights of any
party;
-
contains information that you do not have a right to post under any law or
under contractual or fiduciary relationships (such as proprietary and
confidential information);
-
involves the transmission of "junk mail," "chain letters,"
"pyramid schemes," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
-
contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
-
furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities;
-
solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
-
involves commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
-
includes a photograph of another person that you have posted without that
person's consent.
The following is a partial list of the kind of activity that is illegal or
prohibited on the inFood Website and through your use of the Services.
inFood reserves the right to investigate and take appropriate legal
action against anyone who, in inFood's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
-
criminal or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
-
advertising to, or solicitation of, any Member to buy or sell any products or
services through the Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any
information obtained from the Services in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent;
-
covering or obscuring the banner advertisements on any inFood page via
HTML/CSS or any other means;
-
modifying, adapting, translating or reverse engineering any portion of the Services;
-
using any robot, spider, site search/retrieval application, or other automated device, process or means to access, query, retrieve, index or otherwise collect any portion of the Services (other than with the consent of inFood);
-
accessing, retrieving or indexing any portion of the Services for purposes of constructing or populating a searchable database that is in any way similar to inFood Content;
-
any automated use of the system, such as using scripts to send comments or
messages;
-
interfering with, disrupting, or creating an undue burden on the Services or
the networks or services connected to the Services;
-
attempting to impersonate another Member or person;
-
using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to
access your account;
-
selling or otherwise transferring your profile;
-
using any information obtained from the Services in order to harass, abuse, or
harm another person;
-
displaying an advertisement on your profile, or accepting payment or anything
of value from a third person in exchange for your performing any commercial
activity on or through the Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a
commercial purpose or sending private messages with a commercial purpose; or
-
using the Services in a manner inconsistent with any and all applicable laws
and regulations.
-
Copyright Policy. You may not post, modify, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of inFood to
terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to inFood
by the copyright owner or the copyright owner's legal agent. Without limiting
the foregoing, if you believe that your work has been copied and posted on the
Services in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you claim
has been infringed; (iii) a description of where the material that you claim is
infringing is located on the Services; (iv) your address, telephone number, and
email address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. inFood's Copyright
Agent for notice of claims of copyright infringement can be contacted at">
copyright @ inFood.co.uk.
-
Member Disputes. You are solely responsible for your
interactions with other inFood Members. inFood reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
-
Privacy. Use of the Services is also governed by our Privacy
Policy, which is incorporated into these Terms & Conditions by this
reference.
-
Health Disclaimer. The inFood Website and Services
provide diet, weight loss management and nutritional information and are
intended only to assist users in their personal weight loss efforts.
inFood is not a medical organization and we cannot give you medical
advice or diagnosis. Nothing contained in the inFood Website and
Services should be construed as such advice or diagnosis. The information and
reports generated by us should not be interpreted as a substitute for physician
consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning
any weight loss effort or regimen. This Website and Services is intended for
use only by healthy adult individuals. The Website and Services is not intended
for use by minors, pregnant women, or individuals with any type of health
condition. Such individuals are specifically warned to seek professional
medical advice prior to initiating any form of weight loss effort or regimen.
-
Disclaimers. inFood is not responsible for any
incorrect or inaccurate Content posted on the inFood Website or in
connection with the Services, whether caused by inFood, Users of the
Services or by any of the equipment or programming associated with or utilized
in the Services. The inFood Website may contain links to other websites.
inFood is not responsible for the Content, accuracy or opinions
expressed on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by inFood. Inclusion
of any linked website on the Services does not imply approval or endorsement of
the linked website by inFood. When you access these third-party sites,
you do so at your own risk. inFood takes no responsibility for third
party advertisements which are posted on this inFood Website or through the
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. inFood is not responsible for the conduct,
whether online or offline, of any User of the Services. inFood assumes
no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, any User or Member
communication. inFood is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of any email or players due
to technical problems or traffic congestion on the Internet or on any of the
Services or combination thereof, including any injury or damage to Users or to
any person's computer related to or resulting from participation or downloading
materials in connection with the Services. Under no circumstances shall
inFood be responsible for any loss or damage, including personal injury
or death, resulting from use of the Services, attendance at a inFood
event, from any Content posted on or through the Services, or from the conduct
of any Users of the Services, whether online or offline. The Services are
provided "AS-IS" and as available and inFood expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
inFood cannot guarantee and does not promise any specific results from
use of the Services.
-
Limitation on Liability. IN NO EVENT SHALL inFood BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF inFood HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, inFood'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO inFood FOR THE inFood SERVICES DURING
THE TERM OF MEMBERSHIP.
-
Governing Law and Disputes. These Terms & Conditions and
any dispute about or involving the Services shall be governed by and construed
in accordance with the laws of the United Kingdom, without regard
to conflict of law provisions. You agree that any action at law or in
equity arising out of or relating to your use of the Services or these Terms
& Conditions shall be filed only in the United Kingdom and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action,
provided that the foregoing shall not prevent inFood from seeking
injunctive relief in a court of competent jurisdiction.
-
Indemnity. You agree to indemnify and hold inFood, its
subsidiaries, and affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of the Services in violation of these Terms & Conditions and/or
arising from a breach of these Terms & Conditions and/or any breach of your
representations and warranties set forth above and/or if any Content that you
post on the inFood Website or through the Services causes inFood to
be liable to another.
-
Other. These Terms & Conditions are accepted upon your use
of the inFood Website or any of the Services and is further affirmed by you
becoming a Member. These Terms & Conditions constitute the entire agreement
between you and inFood regarding the use of the Services. The failure of
inFood to exercise or enforce any right or provision of these Terms
& Conditions shall not operate as a waiver of such right or provision. The
section titles in these Terms & Conditions are for convenience only and
have no legal or contractual effect. These Terms & Conditions operates to
the fullest extent permissible by law. If any provision of these Terms &
Conditions is unlawful, void or unenforceable, that provision is deemed
severable from these Terms & Conditions and does not affect the validity
and enforceability of any remaining provisions.
Please contact us at:
contact with any questions regarding these Terms
& Conditions.
I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.